Judiciary in India Quiz
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Questions and Answers

What is the primary role of the Supreme Court regarding fundamental rights?

  • To create new laws for citizens' welfare.
  • To oversee state governments.
  • To advise the legislature on constitutional issues.
  • To interpret and enforce fundamental rights. (correct)

    • What is the significance of judicial review in the context of the Supreme Court?

  • It empowers the Court to declare laws unconstitutional. (correct)
  • It allows the Supreme Court to create new interpretations of laws.
  • It limits the Court's authority over state laws.
  • It only applies to the laws made by the central government.

    • How does the power of judicial review relate to the concept of the separation of powers?

  • It consolidates all powers in the hands of the judiciary.
  • It allows the judiciary to critique executive orders.
  • It prevents the judiciary from interfering with legislative actions.
  • It enables the judiciary to check the validity of laws made by the legislature. (correct)

    • What does Public Interest Litigation (PIL) enable the judiciary to do?

    <p>Address issues impacting marginalized communities.</p> Signup and view all the answers

    Which of the following statements is false regarding the powers of the Supreme Court?

    <p>The Court can only review laws created by the federal government.</p> Signup and view all the answers

    Judicial activism is characterized by which of the following actions?

    <p>Judges imposing their values in legal rulings.</p> Signup and view all the answers

    In what circumstance can states approach the Supreme Court regarding a law?

    <p>If the law violates the distribution of powers outlined in the Constitution.</p> Signup and view all the answers

    What does the constitutional absence of the term 'judicial review' imply?

    <p>Judicial review exists implicitly through the written Constitution.</p> Signup and view all the answers

    What aspect of the judiciary is primarily protected by not allowing the legislature to approve judges' salaries?

    <p>Judicial independence</p> Signup and view all the answers

    Which factor is least likely to constrain a judge's decision-making according to the provided content?

    <p>Salary negotiations</p> Signup and view all the answers

    How does the political philosophy of judges influence their interpretations of the Constitution?

    <p>It affects their approach to judicial review.</p> Signup and view all the answers

    In the context of judicial appointments, which group has the least direct influence over the selection of judges?

    <p>Public opinion</p> Signup and view all the answers

    What is the primary role of contempt of court as described in the content?

    <p>To penalize unfair criticisms.</p> Signup and view all the answers

    What is a key role of public interest litigation (PIL) in the Indian judiciary?

    <p>To enable citizens to bring cases of rights violations to court</p> Signup and view all the answers

    Which right is specifically protected in the Indian Constitution that can be addressed through PIL?

    <p>Right against exploitation</p> Signup and view all the answers

    How has the Supreme Court contributed to the protection of fundamental rights?

    <p>By engaging in judicial activism to address violations</p> Signup and view all the answers

    What does judicial review allow the courts to do?

    <p>Review actions of political leaders and prevent constitutional violations</p> Signup and view all the answers

    In what way did the Supreme Court's intervention in the hawala case illustrate judicial activism?

    <p>By directing independent agencies to investigate corruption</p> Signup and view all the answers

    Which of the following illustrates a fundamental right in South Africa that relates to public interest litigation?

    <p>Right to bring cases of rights violations before the court</p> Signup and view all the answers

    Which aspect of the Constitution was brought under the purview of the courts as a result of judicial activism?

    <p>Powers of the President and Governor</p> Signup and view all the answers

    What is the primary intention behind public interest litigation?

    <p>To uphold and protect the rights of the marginalized</p> Signup and view all the answers

    What is an example of a rights violation addressed by the Indian courts through PIL?

    <p>Unsafe working conditions in stone quarries</p> Signup and view all the answers

    What is the primary responsibility of the judiciary based on the content provided?

    <p>Protecting the rights of individuals</p> Signup and view all the answers

    What does Judicial Activism often blur the lines between?

    <p>Judiciary and executive functions</p> Signup and view all the answers

    Which writ is primarily used to restore fundamental rights according to the provided content?

    <p>Habeas Corpus</p> Signup and view all the answers

    In the context of the Public Interest Litigation (PIL) example given, what argument do the residents of the slum make?

    <p>Right to life is more central to public interest</p> Signup and view all the answers

    What can the Supreme Court issue to remedy a violation of rights as mentioned in the content?

    <p>Legal remedies through writs</p> Signup and view all the answers

    Why do some people believe judicial activism strains democratic principles?

    <p>It disrupts the balance among the government branches</p> Signup and view all the answers

    What task does the legislature fulfill in relation to the judiciary as suggested in the content?

    <p>Handle administrative matters</p> Signup and view all the answers

    What is likely to occur if the legislature and executive improperly take on judicial responsibilities?

    <p>Erosion of fundamental rights</p> Signup and view all the answers

    What is the potential consequence of a PIL that asks for the removal of slums for aesthetic purposes?

    <p>Potential violations of residents' rights</p> Signup and view all the answers

    Under which article can High Courts issue writs to protect rights?

    <p>Article 226</p> Signup and view all the answers

    What concept allows individuals to file cases in court on behalf of others who are not personally aggrieved?

    <p>Public Interest Litigation</p> Signup and view all the answers

    Which of the following best describes judicial activism?

    <p>Proactive court involvement in protecting rights</p> Signup and view all the answers

    What led to the emergence of Public Interest Litigation (PIL) in India?

    <p>Supreme Court reforms in the 1980s</p> Signup and view all the answers

    Which body is primarily responsible for conducting judicial review in India?

    <p>The Supreme Court</p> Signup and view all the answers

    Which principle allows the judiciary to declare laws unconstitutional?

    <p>Judicial Review</p> Signup and view all the answers

    How did the judiciary respond to bandhs and hartals in recent rulings?

    <p>By declaring them illegal</p> Signup and view all the answers

    In which year did the trend of Public Interest Litigation start in India?

    <p>1979</p> Signup and view all the answers

    What is the key difference between Public Interest Litigation (PIL) and traditional litigation?

    <p>PIL addresses issues of public interest</p> Signup and view all the answers

    Which term refers to the judiciary's proactive involvement in societal issues?

    <p>Judicial Activism</p> Signup and view all the answers

    What was a notable case that signalled more liberal approaches in the Indian judiciary regarding prisoners' rights?

    <p>Hussainara Khatoon case</p> Signup and view all the answers

    What does the independence of the judiciary ensure for judges during their tenure?

    <p>Judges can perform their functions without fear or favour</p> Signup and view all the answers

    What is required for a person to be appointed as a judge?

    <p>Experience as a lawyer or expertise in law</p> Signup and view all the answers

    Why is the procedure for the removal of judges considered difficult?

    <p>To prevent arbitrary dismissal based on personal views</p> Signup and view all the answers

    How does security of tenure benefit judges according to the principles outlined?

    <p>It enables judges to operate without fear or favour</p> Signup and view all the answers

    Which of the following statements about judicial appointments is true?

    <p>Judges must have professional experience in law</p> Signup and view all the answers

    What is NOT an implication of judicial independence?

    <p>Judges can exercise arbitrary powers</p> Signup and view all the answers

    Which aspect of the judiciary does the Constitution protect from legislative interference?

    <p>The judicial process and appointment of judges</p> Signup and view all the answers

    What role does the judiciary play in the democratic political structure of the country?

    <p>It operates independently and is accountable to the Constitution</p> Signup and view all the answers

    What is meant by Public Interest Litigation (PIL)?

    <p>A case filed by someone not personally affected but on behalf of others.</p> Signup and view all the answers

    Which event marked the emergence of Public Interest Litigation in India?

    <p>The decision to hear cases filed by non-aggrieved persons in 1979.</p> Signup and view all the answers

    Judicial activism is often associated with which of the following outcomes?

    <p>Proactive court involvement in social issues.</p> Signup and view all the answers

    How did the judiciary recently rule on bandhs and hartals?

    <p>They are prohibited as they affect public order.</p> Signup and view all the answers

    Which statement best reflects the concept of judicial activism?

    <p>The judiciary actively seeks to address social injustices.</p> Signup and view all the answers

    What has been established as a principle in the appointment of judges to the Supreme Court?

    <p>The Chief Justice must recommend names in consultation with senior judges.</p> Signup and view all the answers

    What was the initial view of the Supreme Court regarding the role of the Chief Justice in judicial appointments?

    <p>That the Chief Justice's role was purely consultative.</p> Signup and view all the answers

    Which event broke the convention of appointing Chief Justices based on seniority in India?

    <p>The appointment of A.N. Ray.</p> Signup and view all the answers

    How did the Supreme Court's view on the consultation process evolve between 1982 and 1998?

    <p>It evolved to require the President to consider the Chief Justice's opinion.</p> Signup and view all the answers

    What role do the Council of Ministers play in judicial appointments?

    <p>They finalize the judicial appointments without consultation.</p> Signup and view all the answers

    Which statement best reflects the relationship between the judiciary and the executive in terms of judicial appointments?

    <p>The judiciary's role is becoming more influential over time.</p> Signup and view all the answers

    What was the outcome of the Supreme Court's repeated rulings on judicial appointments?

    <p>The process became more collegial and consultative.</p> Signup and view all the answers

    What does the term 'collegiality' refer to in the judicial appointment context?

    <p>A collaborative approach involving multiple judges in recommendations.</p> Signup and view all the answers

    Which Supreme Court Chief Justice appointment superseded three senior judges?

    <p>Justice A.N. Ray.</p> Signup and view all the answers

    How does the content depict the influence of the Council of Ministers on judicial appointments?

    <p>They ultimately decide on the appointments made by the judiciary.</p> Signup and view all the answers

    What is the significance of the Supreme Court's decisions in the Indian judicial system?

    <p>They are binding on all other courts in India.</p> Signup and view all the answers

    How does the structure of the judiciary in India facilitate supervision?

    <p>By the direct superintendence of higher courts over lower courts.</p> Signup and view all the answers

    What does the High Court primarily handle in the judicial hierarchy?

    <p>Appeals from lower courts and jurisdictional cases.</p> Signup and view all the answers

    What power does the Supreme Court hold concerning judges of the High Courts?

    <p>It can transfer High Court judges.</p> Signup and view all the answers

    Why was the motion to remove Ramaswami ultimately unsuccessful?

    <p>The motion lacked the majority support required.</p> Signup and view all the answers

    Which of the following statements is true about the appeal process in Indian Judiciary?

    <p>The High Courts can hear appeals from lower courts.</p> Signup and view all the answers

    What is the primary role of the district courts in India's judicial system?

    <p>To handle cases arising within the district and consider appeals.</p> Signup and view all the answers

    What aspect of the Indian judicial system distinguishes it from other federal countries?

    <p>The single integrated judicial system.</p> Signup and view all the answers

    Which of the following describes a primary function of High Courts?

    <p>To hear cases regarding state jurisdiction.</p> Signup and view all the answers

    What is the effect of the Supreme Court's ability to transfer cases between High Courts?

    <p>It ensures cases are heard in a more suitable jurisdiction.</p> Signup and view all the answers

    What is the role of writ jurisdiction in the Supreme Court?

    <p>It enables individuals to seek remedies for violations of constitutional rights.</p> Signup and view all the answers

    What certification is required for a case to be appealed to the Supreme Court from the High Court?

    <p>It must relate to a serious matter of law or constitutional interpretation.</p> Signup and view all the answers

    What does advisory jurisdiction of the Supreme Court entail?

    <p>The Supreme Court can provide guidance on public matters at its discretion.</p> Signup and view all the answers

    What is the primary function of appellate jurisdiction as it pertains to the Supreme Court?

    <p>To reconsider cases and legal issues from lower courts.</p> Signup and view all the answers

    How does the Supreme Court exercise its powers regarding appeals from lower courts?

    <p>It can admit appeals even if the High Court disallows them.</p> Signup and view all the answers

    What authority does the High Court have in relation to writs?

    <p>The High Court can issue writs for any fundamental right violations.</p> Signup and view all the answers

    Which aspect is essential for the President of India when referring a matter to the Supreme Court for advisory jurisdiction?

    <p>It should involve public importance or constitutional interpretation.</p> Signup and view all the answers

    What is the significance of the Supreme Court's ability to reinterpret laws?

    <p>It ensures laws remain relevant as societal norms change.</p> Signup and view all the answers

    What can individuals do if they believe their fundamental rights have been violated?

    <p>Move directly to the Supreme Court for remedy.</p> Signup and view all the answers

    In which jurisdiction does the Supreme Court have the authority to revise lower court rulings?

    <p>Appellate jurisdiction.</p> Signup and view all the answers

    Study Notes

    Judiciary in India

    • The Supreme Court is the protector of basic rights and interpreter of the Constitution
    • The most crucial power of the Supreme Court is judicial review
    • Judicial review is the power of high courts and Supreme Courts to examine whether laws are constitutional
    • The Supreme Court can declare a law as unconstitutional if it goes against the Constitution
    • The Supreme Court can review laws passed by state legislatures
    • The Supreme Court can review the application of distribution of powers by the central and state governments

    Judicial Activism

    • Judicial activism involves courts actively seeking to prevent subversion of the Constitution by political practices
    • Judicial activism can be seen in the blurring of lines between the executive, legislature, and judiciary, with the judiciary taking roles that are traditionally within the domain of the other two
    • Judicial activism can also be seen in the practice of "Public Interest Litigation" or "Social Action Litigation"
    • Public interest litigation is a concept where individuals can approach courts on behalf of others whose rights have been violated
    • Public interest litigation cases became prominent in the 1970s
    • The practice of public interest litigation has become more common in countries like South Africa

    Judicial Restraint

    • Judicial restraint implies letting the legislative and executive branches exercise their powers without excessive intervention from the judiciary
    • Judicial restraint proponents believe that courts should not overstep their legal authority and should focus on interpreting the Constitution and legislation in a neutral manner, giving the legislative and executive branches the space to enact policies and implement them without constant judicial scrutiny

    Appointment of Judges

    • Appointing judges is a political process that often involves controversy
    • The political ideology and views of judges can significantly affect the interpretation of the Constitution and the fate of legislations
    • The Council of Ministers, Governors, Chief Ministers, and the Chief Justice of India all have an influence on the appointment of judges

    Independence of Judiciary

    • Judiciary should be independent of other organs of government.
    • Judges must be able to function without bias or fear.
    • Independence does not mean arbitrariness, judges are accountable to the constitution and the people.
    • Indian constitution ensures independence of the judiciary through various measures.

    Appointment of Judges

    • Legislature is not involved in appointment of judges to prevent political influence.
    • Judges must have legal experience and expertise.
    • Political beliefs or loyalties should not be factors in appointments.
    • Judges have a fixed tenure until retirement, removal is only in exceptional cases.
    • Security of tenure ensures judges can perform their duties without fear.
    • The process for removing judges is complex, providing protection.
    • Judiciary is not financially dependent on executive or legislature to prevent undue influence.

    Appointment Procedure

    • Controversy exists over the role of the Council of Ministers in appointing judges and the influence of the Chief Justice of India (CJI).
    • Supreme Court has introduced a collegial system where the CJI recommends names in consultation with senior judges.
    • This system gives greater weight to the Judiciary in appointments.

    Structure of the Judiciary

    • India has a single integrated judicial system, with the Supreme Court at the apex, followed by High Courts and district/subordinate courts.
    • Lower courts function under the supervision of higher courts.
    • This structure establishes a hierarchical system of justice.

    Jurisdiction of the Supreme Court

    • Supreme Court decisions are binding on all other courts.
    • It can transfer judges between High Courts.
    • It has the power to move cases from any court to itself.
    • It can transfer cases between High Courts.
    • It interprets the Constitution and settles disputes between the Union and States.
    • It acts as the highest court of appeal.
    • It has advisory jurisdiction, meaning the President can seek its advice on matters of public importance or constitutional interpretation.
    • The Supreme Court is not obligated to give advice, and the President is not obligated to accept it.

    Judicial Activism and Public Interest Litigation (PIL)

    • PIL (or Social Action Litigation) has led to a more people-friendly judiciary.
    • Previously, only aggrieved individuals could approach courts.
    • In 1979, the Supreme Court allowed cases filed on behalf of aggrieved persons, marking the emergence of PIL.
    • PIL allows individuals to advocate for broader public interest issues.

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    Description

    Test your knowledge on the Indian judiciary system with this quiz focusing on the Supreme Court's powers and the concept of judicial activism. Understand the importance of judicial review and how it affects laws and rights in the country. Explore the intricate relationship between the judiciary and other branches of government.

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